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Should this not be the case, he shall assign as the date of filing the date of receipt
of the application and shall consider any reference to the drawings as nonexistent.
Section 6: Classification
Article 39: After the Industrial Property Director has assigned a date of filing and the
invention has been classified according to the International Classification, he
shall verify whether the application meets all of the conditions set out in this
Law and its regulations.
In each instance, a ministerial ordinance shall determine the substantive and
formal conditions that must be met by the applicant.
Section 7: Examination of applications
Article 40: For every patent application, an examination shall be made to ascertain that:
1. the invention which forms the subject matter of the patent application is not
excluded from the protection granted by the patent, under Articles 17 and 18
of this Law;
2. the claims comply with the provisions of Article 19 of this Law;
3. the provisions of Articles 28, 29 and 30 are respected;
4. at the time the patent application is filed, no prior patent application filed
before or benefiting from a validly claimed prior priority and concerning the
same invention is about to be granted;
5. the invention is new, arises from an inventive step and is industrially
applicable.
Article 41: Patents shall be granted without prior examination of the patentability of
inventions, with no guarantee as to the merits of the inventions or the accuracy
of the description thereof and at applicants’ own risks.
Article 42: The Industrial Property Director shall decide if all or part of the provisions of
Article 40 apply to one or more of the technical fields under which the
inventions fall. He shall determine such fields in relation to the International
Patent Classification.
Article 43: For all international applications, the Industrial Property Director shall take into
consideration:
1. the findings of any international search report and any international
preliminary examination report prepared according to the Patent Cooperation
Treaty;